Tail.ai - Terms of Service

Last Updated: December 14th, 2018
Welcome to Tail.ai (“ Tail.ai ”) website ( www.tail.ai ) (the “ Site ”). Please read these Terms of Service (the “ Terms ”) carefully because they govern your access to and use of the Tail.ai websites and Tail.ai services, and other products and services we may later own or operate (collectively called the “ Services ”).

1. Agreement to these Terms

By using the Services, you are agreeing to these Terms on behalf of yourself as an individual user, or on behalf of the organization you represent (“ customer ”, “ you ”). If you do not agree to these Terms, do not use Tail.ai Services. If you are accessing and using the Services on behalf of an organization (such as your employer), you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “ you ” and “ your ” will refer to that organization.

2. Changes to the Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site (only the Terms currently visible on our website are up to date and valid at the time) or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Service access

You may use the Services only if you are 13 years or older.

In order to use the Services, you must create an account (“ Account ”) and become a registered user (“ User ”) via the Site or through a third-party service such as Facebook. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your Tail.ai account. You have to provide us with accurate and complete information and keep it up-to-date. You are responsible for safeguarding your Services credentials. You are responsible for all activities that occur on your Account, whether or not you authorized that activity. You should notify us immediately of any unauthorized use of your Account at support@tail.ai.

4. Using the service

4.1. General

The Services offer a unique way to build and manage a conversational agent (“ Chatbot ”) based on structured data (“ Catalog ”) via a do-it-yourself administrative interface (“ Admin Interface ”). The resulting Chatbot automatically converses with your end users through the deployment channels of your choice (“ End User ”), enabling them to find the right product or service for their needs and therefore increase your business. The Services is composed of various features (“ Features ”) to manage and improve your Chatbot. On Account creation, and subject to Section 5 (when applicable), we will grant to you the right to access and use the Services, and any related Features, subject to your compliance with the Terms.

4.2. Collection and use of personal data

You will not collect through your Chatbot automatic conversations any personal data from your End Users, nor use personal data of any person (including yours) to train your bot, or otherwise use, process or transmit to the Service any personal data of a person. We are not responsible of the collected data once your Chatbot is not active anymore (for example when the conversation has been handovered to an operator or to a third party service). Personal data means any data of a person that is protected under law, such as the General Data Protection Regulation of the European Union.

4.3. Roles, sharing and permissions

The creator of a Chatbot is its owner (“ Owner ”). The Owner is responsible for the compliance of these Terms for his/her chatbots, payment of the Subscription Fee (as defined in Section 5), and all matters related to their Chatbots. The Owner can share his/her Chatbot with chosen individual collaborators (“ Collaborators ”) to help manage their Chatbot. The Owner can add two types of Collaborators: Administrators (“ Admin ”) and contributors. Only the Owner and Admins can manage sharing rights. You cannot change the Owner of a Chatbot by yourself, please email us at support@tail.ai to do so. Any Collaborator that is given editing permissions can modify the chatbot, as permitted by the functionalities of the Services. By adding Collaborators to your Chatbot, you are hereby authorizing us to share your Chatbot edition access. You acknowledge sole responsibility for and assume all risk arising from sharing your Chatbots with other individuals. You understand that anyone that has access to your Chatbots access all their information, can extract data, modify the chatbots and publish changes your End User will be affected by. If you create a Chatbot, you hereby grant Tail.ai the rights and licenses necessary to make your Chatbot available to you, your Collaborators, and the End User through the deployment channels of your choice.

4.6. Support access

By default, Chatbots are not accessible to the Tail.ai support service team (“ Support team ”). Owner and Admins can provide this team access to their Chatbot to support them by clicking the “Allow Tail.ai support to access and help me manage my bot” checkbox in the Chatbot setting of their choice. This action will give all Tail.ai support team members the administrator privilege on these chatbots. This access can be revoked anytime by unchecking the same checkbox. While support team has access to the Chatbot, the Owner remains responsible for the shared Chatbot and its compliance with these terms.

4.7. API

Tail.ai has developed and provides access to API that may be used to access the Services in accordance with any instructions and documentation provided by Tail.ai (" Documentation "). You may only use the API in accordance with the Documentation or otherwise communicated to you by us. Due to the nature of the Services, we will update the API from time to time.

5. Subscribing and paying

5.1 Pricing

Subject to these Terms, the Services are provided to you for free up to certain limits and with limited Features (“ Free plan ”). Usage over these limits or access to certain Features requires you to purchase a subscription (“ Subscription ”). The Subscription features and limits are only applied to the chatbot(s) you own. Your and your Collaborators’ rights and obligations will be based on the type of Subscription you choose. Subscription fee is divided in two types:

• fixed fee (“ Fixed Fee ”) related to available features and services, to be payed whatever the usage,
• a pay per use fee computed depending on the number of End User messages all the Chatbots you own (as an Owner) have to handle whatever the deployment channel (“ PPU Fee ”). For your convenience, the messages handled by your chatbots through the Admin Interface are for testing purposes and are not counted to compute the PPU Fee. Fixed fees plus PPU Fees correspond to the Subscription Fees (“ Subscription Fee ”). Details about the different types of Subscriptions, and the limits, available Features and Subscription Fees associated with the Services, are available at www.tail.ai/en/pricing . You may initiate a change of the type of Subscription at any time through your Account settings within the Services.

  5.2 Payment Terms

  When you purchase a Subscription (such purchase, a “ Transaction ”) you expressly authorize us (or our third party payment processor) to charge you for such Transaction. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. We may ask you to supply additional information relevant to your Transaction, for example, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “ Payment Information ”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

  5.3 Authorization for Recurring Payments

  If you purchase a Subscription you will be charged, at the end of each Subscription Period:

• the computed PPU Fees for the completed Subscription period, at the then-applicable rate. Please note that each started PPU slice is due from the first message that exceeds the PPU message slice size.
• the Fixed Fee for the completed Subscription period, at the then-applicable rate Subscription Fees are outlined at www.tail.ai/en/pricing . Please note that our Subscription Fees are subject to change, although we will notify you before we effect any change in Subscription Fees. By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Tail.ai. We (or our third party payment processor) will automatically charge you in accordance with term of your Subscription, on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms. In the event that we are unable to bill the Subscription Fees, you shall be solely responsible for completing the expected payment by whatever means.

  5.4. Late payments

  Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). If any fees you owe us (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, cancel or downgrade your Subscription until those amounts are paid in full, at our sole discretion, at any time and upon simple notice.

  5.5. Upgrading Subscriptions

  Upgrading your subscription will be effective immediately. A pro-rata bill (for the upgraded Subscription) will be generated based on number of remaining days in the existing billing cycle. All subsequent bills will be generated based on the upgraded Subscription amount.

  5.6. Downgrading and cancelling Subscriptions

  Downgrading your subscription will be effective immediately. A pro-rata bill (for the downgraded Subscription) will be generated based on number of remaining days in the existing billing cycle. All subsequent bills will be generated based on the downgraded Subscription amount. You can initiate a downgrade or a cancellation through your Account settings within the Services. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. Cancelling your Subscription won’t cancel your Account. See Section 13 (Termination) below for information on terminating your Account. When cancelling or if you stop paying the Subscription Fee, your account will be downgraded to Free Plan Subscription immediately with associated messages number and features limits. When downgrading your account will be immediatly downgraded to the selected Subscription with associated messages number and features limits. In both cases,

• limits for the number of Chatbots and features will be applied by date of creation: the oldest Chatbots you own are kept accessible, while you will not be able to access the ones exceeding the limit of the then-current Subscription. We will not delete your Chatbots nor contents locked due to then-current Subscription limits, but you and your Collaborators will not be able to access and use them, unless and until you purchase the needed level of Subscription to reactivate them again.
• limits for Collaborators will be applied to the Chatbots you own : Owners will always remain active, and other Collaborators exceeding the limit of the then-current Subscription will be removed from these Chatbots by sharing date (newest will be removed first).
• limits for message number: when cancelling to the Free Plan, message limit will be applied until you purchase the needed level of Subscription to exceed it again. Notwithstanding the foregoing, Tail.ai makes no guarantees regarding the retention of your locked Chatbot and locked contents. You acknowledge sole responsibility for and assume all risk arising from downgrading or cancelling of your Subscription, including, without limitation, any loss of data associated with a Chatbot.

  6. Content and Content Rights

  For purposes of these Terms: (i) “Content” means data, text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services, including without limitation any Catalog, data, texts, images, illustration, imported or created by a User (other than the Services and any other Content that we provide to you) as well as modifications a User makes to another User’s Chatbot. Content includes without limitation User Content.

  6.1 Ownership and Responsibility of User Content

  As between you and Tail.ai, you own your User Content - Tail.ai does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tail.ai and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Tail.ai or any other users on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  6.2 Rights in User Content Granted by You

  By making any User Content available through our Services you hereby grant to Tail.ai a limited, non-exclusive, worldwide, royalty-free, transferable license to access, view, use, copy, modify, publicly display, publicly perform and distribute your User Content to the extent reasonably needed to operate and provide the Services to you. You understand and agree that you share your User Content (whether your own Chatbot or your modifications and improvements to another user’s Chatbot) through the Services at your own risk. Tail.ai is not responsible for any ownership or licensing arrangements between you and other Collaborators regarding User Content shared within a Chatbot. In sharing your Chatbot, with other Collaborators, it’s your responsibility to spell out the rights that your Collaborators have in connection with their access to and use of your Chatbots and User Content. Any disputes regarding ownership or licensing of a Chatbot or modifications thereto that have been shared amongst your Collaborators are between you and your Collaborators. We are not responsible for resolving any intellectual property or ownership disputes between you and anyone else that has access to your Chatbots and/or other User Content, so you should exercise good judgment when deciding whether or not to share your Chatbots and/or User Content with other Collaborators.

  6.3 Deleting Content

  You can remove certain User Content through the Services. However, some of your User Content (including, without limitation to, contribution to other Users Chatbots) may not be removed and copies of your User Content may continue to exist on the Services in archive or backup form. However, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of your Account in accordance with Section 13 (Termination). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

  7. Feedback

  We welcome feedback, comments and suggestions for improvements to the Services (“ Feedback ”) by emailing us at support@tail.ai . As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback.

  8. Privacy Policy

  Please refer to our Privacy Policy ( www.tail.ai/en/privacy ) for information on how we collect, use and disclose information from our Users and End Users.

  9. General Prohibitions

  You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, Tail.ai’s name, any Tail.ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tail.ai’s express written consent;
• Access, tamper with, or use non-public areas of the Services, Tail.ai’s computer systems, or the technical delivery systems of Tail.ai’s providers;
• Attempt to probe, scan or test the vulnerability of any Tail.ai system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tail.ai or any of Tail.ai’s providers or any other third party (including another user) to protect the Services or Content;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tail.ai or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Tail.ai trademark, logo URL or product name without Tail.ai’s express written consent;
• Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer or in any way attempt to derive the source code of any of the software used to provide the Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, or to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable, in violation of these Terms or the law. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  10. Copyright Policy

  Tail.ai respects copyright law and expects its users to do the same. It is Tail.ai’s policy to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders.

  11. Links to and Integration with Third Party Websites or Resources

  The Services contains links to third-party websites or resources and offers integration with such third-party websites or services (for example, we offer Chatbot integration with Facebook Messenger). We provide these links and integration features only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of or integration with any third-party websites or resources.

  12. Publicity

  You agree that Tail.ai may identify you or your company and use your company’s logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Tail.ai or the Services. If you do not want to allow us the right to use your Marks or identify you or your company you may opt out such marketing requests by emailing us at info@tail.ai .

  13. Termination

  We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that, if you have paid for a Subscription and the termination is not due to your breach of these Terms, Tail.ai will refund you any prepaid fees for the period of your Subscription that extends beyond the effective date of such termination. You may cancel your Account at any time by sending an email to us at support@tail.ai . Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Feedback; Privacy Policy; Project Content Permissions (to the extent applicable); Content and Content Rights; Content Ownership, Responsibility and Removal; General Prohibitions; Warranty Disclaimers; Indemnity; Limitation of Liability; Governing Law and General Terms.

  14. Warranty Disclaimers

  THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, nevertheless we will do our best to have your chatbots up and running 24/7. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

  15. Indemnity

  You will indemnify and hold harmless Tail.ai and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.

  16. Limitation of Liability

  If you are located outside the US or Canada: IRRESPECTIVE OF THE LEGAL REASONS, WE SHALL ONLY BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT IF SUCH DAMAGE (i) CAN BE CLAIMED UNDER APPLICABLE PRODUCT LIABILITY STATUTES OR (ii) IS CAUSED BY INTENTIONAL MISCONDUCT OF TAIL.AI OR (iii) CONSISTS OF PERSONAL INJURY. IN ALL OTHER CASES, NEITHER TAIL.AI NOR ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGE OR CLAIMS HEREUNDER. If you are located in the US or Canada: NEITHER TAIL.AI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAIL.AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. IN NO EVENT WILL TAIL.AI ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY DISPUTE IN RELATION TO INTELLECTUAL PROPERTY RIGHTS IN A CHATBOT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TAIL.AI FOR USE OF THE SERVICES FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION, OR IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, ONE HUNDRED UNITED STATES DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAIL.AI AND YOU.

  17. Governing Law

  These Terms of Service are ruled by the French law. In case of a dispute arising out of the Services, by using the Services you expressly agree that any such dispute shall be litigated by the Tribunal de Grande Instance de Paris, without regard to its conflict of law provisions.

  18. General Terms These Terms constitute the entire and exclusive understanding and agreement between Tail.ai and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tail.ai and you regarding the Services and Content. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Tail.ai’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tail.ai may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Tail.ai under these Terms, including those regarding modifications to these Terms, will be given by Tail.ai: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Tail.ai’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

      22. Contact Information

      If you have any questions about these Terms or the Services please contact Tail.ai at: info@tail.ai , 18 rue du Moulin Vert, 75014 Paris, France.